Limits of the judge's authority in managing civil litigation

Abstract

The study's central problem revolves around balancing the modern, proactive role of the judge in managing litigation with the principle of "freedom of will" that governs civil disputes. The judge is no longer merely a passive arbiter observing the conflict from afar, but has acquired broad discretionary power in directing procedures and expediting litigation to achieve swift justice. However, this power is not absolute; it is limited by fundamental constraints, most importantly the principle of impartiality, the right to defense, and adherence to the requests specified by the litigants. The research also highlights how the legislator has granted the judge procedural tools to regulate and guide the litigation, provided that this does not infringe upon the essence of the disputed right or violate the mandatory rules of the Code of Civil Procedure, thus ensuring a balance between judicial effectiveness and the freedoms of litigants.